[Adopted as Title 6, Ch. 2, of the 1997 Code]
No owner or occupant shall allow the sidewalk abutting on his
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or fail to remove any such rubbish or dirt when notified
to do so by the Common Council, or its designee, the City may cause
the same to be done and report the cost thereof to the City Clerk-Treasurer,
who shall spread the cost on the tax roll as a special tax against
the premises, pursuant to § 66.0627, Wis. Stats., or such
cost may be recovered in an action against the owner or occupant.
A.
Construction and repair procedures.
(1)
Construction and repair regulated. No person, whether owner, builder
or contractor, shall build any new sidewalk or repair or renew, or
cause to be built, repaired or renewed, any existing sidewalk contrary
to the provisions of this article, unless by petition to the Common
Council and having permission therefor granted by the Council, or
upon the Common Council's own motion, or where such a change
in the specifications hereinafter set forth shall be deemed in the
best interests of the City.
(2)
Standards. The Common Council may determine that sidewalks be constructed
and establish the width, determine the material and prescribe the
method of construction of standard sidewalks pursuant to this section.
(3)
Sidewalk construction required.
[Added 9-13-2004]
(a)
Sidewalks are to be constructed on all lots created by a land division or subdivision pursuant to Chapter 472, Subdivision of Land, of the Code of the City of Brodhead. The date of construction of such sidewalks shall be pursuant to the determination of the Common Council in connection with its review and approval of any such land division or subdivision. Payment for the construction of such sidewalks shall be as provided for in Subsection B(1).
B.
Cost of sidewalks.
(1)
New subdivision sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 472, Subdivision of Land, of the Code of the City of Brodhead. New sidewalks constructed in existing areas of the City shall be paid for by adjacent property owners.
(2)
Sidewalk construction and repair.
[Amended 3-14-2005]
(a)
It shall be the duty of the abutting owner to build, repair, construct, and perpetually maintain sidewalks along or upon any street, alley or highway in the City and to pay the entire cost thereof. Whenever the Common Council shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered, or raised along or upon any public street, alley, or highway within the City, it shall proceed according to Subsection E or, at its option, proceed according to § 66.0703, Wis. Stats. Such costs shall be specially assessed 100% to the property owner of land adjacent to the right-of-way in which such sidewalk is located.
(b)
Except in the case of new subdivisions, the expense of constructing
sidewalks shall be borne entirely by the owner of the land adjacent
to the right-of-way in which such sidewalk is located, except that
on corner lots the City shall pay for all sidewalks lying within the
property lines extended, which portion of the sidewalk would not be
abutting any privately owned lot or piece of property.
(3)
Corner lots. The expense of constructing sidewalks shall be borne
entirely by the owner of the land adjacent to the right-of-way in
which such sidewalk is located, except that on corner lots the City
shall pay for all sidewalks lying within the property lines extended,
which portion of the sidewalk would not be abutting any privately
owned lot or piece of property.
[Amended 3-14-2005]
C.
Sidewalk permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the City of Brodhead
unless he/she is under contract with the City to do such work or has
obtained a permit therefor from the Building Inspector or his/her
designee at least seven days before work is proposed to be undertaken.
Denial of such permits may be appealed to the Common Council.
D.
Standard specifications for sidewalk.
(1)
General. All sidewalks constructed in the City shall conform to the
line and grade established by the ordinances or resolutions of the
City. Where no grade has been established as ascertained by the records,
the City Engineer shall prepare and report a grade for the approval
of the Common Council, and, when the same has been established, the
City Engineer shall stake out the sidewalk as ordered by the Council.
No sidewalk shall be laid under the provisions of this section until
a grade therefor has been established by the Common Council.
(2)
Subgrade. All earth, dirt and material shall be removed to a depth,
not less than eight inches, 10 inches across private driveways, below
the grade line, and the space shall be filled with crushed stone,
sand or gravel. The base shall be left four inches thick after being
tamped, with the stone or gravel to be not larger than 1 1/2
inches in diameter and to be free from dirt, dust and foreign matter.
Soft, porous and unsuitable subgrade material shall be removed and
replaced with sand, gravel, or other satisfactory material, and the
subgrade shall be thoroughly and uniformly compacted and moistened
immediately before the concrete is placed. On embankments, the subgrade
shall extend at least one foot beyond each edge of the sidewalk.
(3)
Concrete. The minimum quantity of cement per cubic yard shall be
six sacks of 94 pounds each. Concrete shall be mixed for at least
one minute. Gravel shall be of good quality and washed. Concrete shall
test 3,000 pounds compression in 28 days.
(4)
Forming. Concrete shall be placed in straight forms of wood or metal
of sufficient strength to resist springing, tipping or other displacement
during the process of depositing and consolidating the concrete. Concrete
shall be placed in the forms on a moist subgrade, deposited just above
the finished grade and consolidated and spaded sufficiently to bring
the mortar to the surface and to prevent honeycombing. It shall then
be struck off level with the top of the forms and finished with wooden
flats. Forms shall be securely fastened, staked, braced and held firmly
to required line and shall be sufficiently tight to prevent leakage
of mortar, and all forms shall remain in place for 24 hours after
pour.
(5)
Concrete sidewalks width and thickness. Concrete sidewalks and sidewalk
ramps shall be four inches in thickness, four feet in width, and,
unless otherwise directed by the Common Council, constructed of nonreinforced
concrete.
(6)
Concrete driveway sidewalk width and thickness. Concrete sidewalk
at driveways shall be six inches in thickness and constructed of nonreinforced
concrete.
(7)
Joints. Unless otherwise directed by the Common Council, the sidewalk
shall be cut into blocks five feet in length.
(8)
Slope. The minimum slope from the top of the curb (either existing
or as established by ordinance) to the street side of the sidewalk
shall be 1/4 inch per foot. The maximum slope from the top of the
curb as above described to the street side of the sidewalk shall be
one inch per foot. The sidewalk grade shall, in all cases be parallel
to the grade of the top of the curb. The slope of the sidewalk from
the street side to the property side shall be 1/4 inch per foot.
(9)
Extreme grades. In cases where the grade exceeds 15%, steps or special
construction shall be required to fit the existing conditions. Such
details shall be prepared by the City Engineer and approved by the
Common Council before construction of the walk is started.
(10)
Finishing. The concrete shall be struck off true to grade, finished
smooth and given a broom finish in transverse direction. Edges and
joints shall be given a finish with a one-fourth-inch radius edging
tool. Dry cement shall not be spread on a wet surface to take up excess
water. Finishing operations shall be delayed until water has disappeared.
No tool marks shall be left on exposed surfaces. In case of rain,
the walk shall be covered to protect the surface from being damaged.
Walks shall be kept free from all traffic at normal temperatures for
48 hours and in cold weather (below 50° F.) for 96 hours.
(11)
Curing and drying. As soon as any of the concrete work hereinbefore
mentioned has been finished and hardened sufficiently to prevent excessive
marring of the surface, it shall be cured and protected against rapid
drying. Failure to comply with this requirement shall be deemed sufficient
cause for suspension of the work. Curing shall be accomplished by
the "Impervious Coating," "Wet Fabric" or "Paper" Methods. For impervious
coating or membrane curing, only those materials meeting requirements
of ASTM Spec. C156-44T, "Method of Test for Efficiency of Materials
for Curing Concrete," shall be used. Said specifications are hereby
adopted by reference as if fully set forth herein.
(12)
Cold weather requirements. When the temperature is less than
40° F., all concrete placed in the forms shall have a temperature
between 50° F. and 70° F. and shall meet the requirements
as per Wisconsin Department of Transportation specifications for cold-weather
concrete.
E.
Construction and repair of sidewalks.
[Amended 3-14-2005]
(1)
Authority of Council. The Council may from time to time by ordinance
or resolution determine where sidewalks shall be constructed and establish
the width, determine the material and prescribe the method of construction
of standard sidewalks, and the standard so fixed may be different
for different streets, and may order by ordinance or resolution sidewalks
to be laid as provided in this subsection.
(2)
Defective sidewalks. The Council may order any sidewalk which the
Director of Public Works deems unsafe, defective, or insufficient
to be repaired or removed and replaced with a sidewalk in accordance
with the following standard:
(a)
A sidewalk is considered defective if the sidewalk meets one
or more of the following enumerated characteristics:
[1]
Three-quarter inch or more vertical difference between adjacent
sidewalk blocks or sections.
[2]
Three-quarter inch or more horizontal difference between adjacent
sidewalk blocks or sections.
[3]
Deterioration of the surface to a vertical depth of 1/2 inch
or more within any individual sidewalk block or section.
[4]
A block or section that is depressed or raised 3/4 inch and
has more than three cracks.
(b)
If 75% of the sidewalk in front of any parcel is defective,
the entire sidewalk in front of the parcel shall be replaced.
(3)
Notice. A copy of the ordinance, resolution or order directing such
laying, removal, replacement, or repair shall be served upon the owner,
or any agent, of each lot or parcel of land in front of which such
work is ordered. Service of the notice may be made by:
(4)
Default of owner. If the property owner shall fail to so repair or remove and replace such sidewalk within 30 days after service of notice under Subsection E(3), the Common Council may cause the work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder, except as provided in § 62.15(1) Wis. Stats.
(5)
Minor repairs. If the cost of repairs of any sidewalk in front of
any lot or parcel of land does not exceed the sum of $100, the Director
of Public Works may immediately repair such sidewalk without notice
or letting the work by contract and charge the cost thereof to the
owner of such lot or parcel of land, as provided in this section.
(6)
Special charge; installment payments. The expense for such construction
or repairs shall be a special tax against each lot or parcel of land
adjacent to the right-of-way in which said sidewalk is constructed
or repaired and collected in all respects like other taxes upon real
estate. The Council may provide by resolution or ordinance that the
expense so incurred shall be paid in up to seven annual installments
with interest.
F.
Illegal sidewalks. No sidewalk which shall be constructed contrary
to the provisions of this section shall be considered a legal sidewalk,
and the same may be ordered to be replaced with a legal sidewalk and
with one that is in conformity with this section, the same as if no
sidewalk whatever had been built or constructed in the place where
any such sidewalk is located.
G.
Repair; failure to comply. Any person whose duty it is to keep any sidewalk in good order and repair who, having received the notice provided for in Subsection E, fails or neglects for the space of 30 days from the date of service of such notice to repair such sidewalk, and to restore the same to a suitable condition for travel, shall be subject to a forfeiture as prescribed in § 1-4.
A.
Permit required.
(1)
Permit to be obtained. No person, partnership or corporation, or
their agents or employees or contractors, shall make or cause to be
made any opening or excavation in any public street, public alley,
public way, public ditch, public ground, public sidewalk or City-owned
easement within the City of Brodhead without a permit therefor from
the City Clerk-Treasurer or Director of Public Works.
(2)
Fee. The fee for each application for a street opening permit shall
be $25, plus any actual City expenses. Applications may be made for
multiple street openings on one application form, at the twenty-five-dollar
fee; however, each opening must be listed at the time the application
is submitted to the City for approval. Permit fees shall be paid to
the Clerk-Treasurer, who shall issue a receipt therefor. If the street
opening is made prior to the receipt of an approved street opening
permit from the City, the application and review fee shall be $75,
plus any actual City expenses.
(3)
Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 398-7K, there shall be no permit fee (except any actual City expenses shall be charged to the permittee), provided the application for the street opening permit is filed with the Director of Public Works within two regular business days of the excavation in accordance with § 398-7K. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be $75, plus any actual City expenses.
(4)
Surcharge. In addition to any permit fees or City expenses, a surcharge
shall be levied for any street opening which is in or disturbs the
paved portion (final surface) of any public street, public alley,
public way, public ground, public sidewalk or City-owned easement
within the City of Brodhead. The surcharge shall be determined as
follows:
|
Age of the Final Paving
|
Surcharge
| |
|---|---|---|
|
New pavement to 1 year
|
5 times the permit fee
| |
|
1 year to 2 years
|
4 times the permit fee
| |
|
2 years to 3 years
|
3 times the permit fee
| |
|
3 years to 4 years
|
2 times the permit fee
| |
|
4 years to 5 years
|
1 times the permit fee
| |
|
More than 5 years
|
No surcharge
|
B.
Application for permit. The application for a permit shall be in
writing and signed by the applicant or his agent. The applicant shall
submit to the City Clerk-Treasurer or Director of Public Works, at
the time the permit is applied for, sufficient information relating
to the work to be done, including the general location and nature
of the work and the method the applicant proposes to use in doing
the work. The City Clerk-Treasurer or Director of Public Works shall
determine if sufficient information is submitted.
C.
City work excluded. The provisions of this section shall not apply
to excavation work under the direction of City departments or employees
or to contractors performing work under contract with the City necessitating
openings or excavations in City streets.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 398-7G for pavement replacement.
E.
Renewal of permit. If operations have begun under an approved permit
and will continue beyond the thirty-day validation period, the permittee
shall apply for a thirty-day permit renewal by written request to
the City Clerk-Treasurer or Director of Public Works. Permit renewals
shall be issued at the discretion of the City Clerk-Treasurer or Director
of Public Works.
F.
City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 398-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
G.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the City Clerk-Treasurer or Director
of Public Works satisfactory written evidence that the applicant has
in force and will maintain during the time the permit is in effect
public liability insurance of not less than $500,000 per one person,
$500,000 for one accident and property damage coverage of not less
than $500,000.
H.
Bond.
(1)
Before a permit for excavating or opening any public street, sidewalk,
ditch, alley or public right-of-way may be issued, the applicant may
be required to execute and deposit with the City a bond in the amount
of $10,000, conditioned that he/she will indemnify and save harmless
the City of Brodhead and its officers from all liability for accidents
and damage caused by any of the work covered by his/her permit, and
that he/she will fill up and place in good and safe condition all
excavations and openings made in the street and will replace and restore
the pavement over any opening he/she may make as near as can be to
the state and condition in which he/she found it and keep and maintain
the same in such condition, normal wear and tear excepted, to the
satisfaction of the Director of Public Works for a period of one year,
and that he will pay all fines or forfeitures imposed upon him/her
for any violation of any rule, regulation or ordinance governing street
openings or drainlaying adopted by the Common Council and will repair
any damage done to existing improvements during the progress of the
excavation in accordance with the ordinances, rules and regulations
of the City. Such bond shall also guarantee that, if the City shall
elect to make the street repair, the person opening the street will
pay all costs of making such repair and of maintaining the same for
one year. Recovery on such bond for any accident, injury, violation
of law, ordinance, rule or regulation shall not exhaust the bond,
but it shall cover any and all accidents, injuries or violation of
law during the period of excavation for which it is given.
(2)
An annual bond may be given under this section covering all excavation
work done by the principal for one year beginning January 1, which
shall be conditioned as specified above and in the amount determined
by the Director of Public Works as necessary to adequately protect
the public and the City.
(3)
Faulty work or materials shall be immediately replaced by the permittee
upon notice by the City. Failure to correct deficiencies shall result
in a one-year revocation of the right to obtain a street opening permit.
The Director of Public Works shall repair the deficiencies and bill
the permittee for all labor, materials and equipment used, plus 20%
for administration.
(4)
The person who does such restoration shall be responsible therefor
for one year from the date of the completion of the work and shall
file a written guarantee or surety bond to that effect with the City
in an amount determined by the Director of Public Works.
(5)
Whenever the Common Council shall find that any such work has become
defective within one year of the date of completion, it shall give
written notice thereof to the contractor or to his surety stating
the defect, the work to be done, the cost thereof and the period of
time deemed by the Common Council to be reasonably necessary to complete
said work. After receipt of such notice, the contractor or the surety
must, within the time specified, repair the defect or indemnify the
City for the cost of doing the work as set forth in the notice.
I.
Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 398-7, and any and all subparagraphs thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted between November 15 and May 1, except where
it is determined by the Director of Public Works or his designee to
be an emergency excavation.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers,
signing, and such other traffic control devices by the permittee as
may be required by the City and in accordance with Section VI of the
Manual of Uniform Traffic Control Devices. Sufficient warning lights
shall be kept on from sunrise to sunset. No open-flame warning devices
shall be used. Except by special permission from the Director of Public
Works, no trench shall be excavated more than 250 feet in advance
of pipe or conduit laying nor left unfilled more than 500 feet from
where pipe or conduit has been laid.
(2)
All necessary precautions shall be taken to guard the public effectively
from accidents or damage to persons or property through the period
of the work. Each person making such opening shall be held liable
for all damages, including costs incurred by the City in defending
any action brought against it for damages, as well as cost of any
appeal, that may result from the neglect by such person or his employees
of any necessary precaution against injury or damage to persons, vehicles
or property of any kind.
(3)
Unless otherwise approved, a minimum of one lane of traffic in each
direction shall be provided. Every effort shall be made on the part
of the permittee to provide reasonable access to all properties adjacent
to his project. In the event traffic is limited to less than one lane
in each direction, a flagman or temporary traffic control signal shall
be provided so as to safely cycle traffic in each direction past the
work area.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in this Subsection B.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection K.
C.
Pavement removal.
(1)
Removal of existing pavement shall be to neat, straight lines. The
permittee shall make a final saw cut in the existing pavement after
backfilling. Excavations shall be kept to the minimum possible and
acceptable for the convenience and safe performance of his work and
in accordance with all applicable codes and regulations.
(2)
If the pavement is damaged during excavation beyond the original
saw cut lines, it shall be saw cut again along neat, straight lines.
The finished saw cut shall leave a regular rectangular section for
pavement replacement. Should the street opening occur within adjacent
or close to an existing patch or require more than one opening within
a short distance, the permittee shall identify and locate the existing
patches or additional openings on the permit application form. The
Director of Public Works or his designee shall, on the basis of an
on-site inspection, approximate the boundaries of the pavement replacement
area.
(3)
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimension parallel with the curbline
or the direction of travel. Pavement replacement areas in concrete
pavements shall be parallel with or at right angles to the direction
of travel.
(4)
The Director of Public Works or his designee may order the permittee
to remove and replace up to one full lane width of pavement along
the patched or excavated area. Special care shall be taken with concrete
pavement to produce a vertical face on the existing concrete at the
point of the saw cut to insure a full depth of concrete at the joint.
D.
Excavation.
(1)
All excavated material shall be piled in a manner such that pedestrian
and motor traffic is not unnecessarily disrupted. Gutters shall be
kept clear or other satisfactory provisions made for street drainage,
and natural watercourses shall not be obstructed.
(2)
Excavated material to be used for backfilling of the trench must
be so handled and placed as to be of as little inconvenience as practical
to public travel and adjoining tenants.
E.
Backfilling.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic matter, boulders, rocks or stones greater than
eight inches in their greatest dimension, frozen lumps or other material
which, in the opinion of the Director of Public Works or his designee,
is unsuitable.
(2)
In refilling the excavation, if there is not sufficient material
excavated suitable for refilling, the deficiency shall be made up
with material, approved prior to use by the Director of Public Works
or his designee, hauled in.
(3)
When pipelaying has been completed in any street, all trenches shall
be refilled with sand and/or gravel, to a height of not less than
the present grade of said street at the time of the excavation and
extending full length into the property line. Sand and/or gravel shall
be used as fill for all trenches, and the last 12 inches of fill for
the trenches shall be road rock or chips. In refilling the opening,
the fill must be placed in layers of not more than nine inches in
depth and each layer puddled and/or rammed to more than nine inches
in depth and each layer puddled and/or rammed to prevent aftersetting.
If the permit holder shall neglect or refuse to have such work done
immediately upon completion of the work involving the sewer and/or
water connection or any other work requiring the excavation of the
street, the proper repairs or work will be done by the Department
of Public Works and the cost thereof charged to the permit holder.
(4)
Wherever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to
have the various utilities locate and mark their facilities prior
to excavation.
(5)
Mechanical compaction or puddling shall be used on all materials
used for trench backfill. Each layer (twelve-inch maximum) shall be
uniformly compacted. Compaction or consolidation by flooding shall
not be permitted. Earth must be puddled or laid in layers not more
than 12 inches in depth and each layer rammed and tamped to prevent
settling. The Public Works Department will test the fill to meet the
City's specifications. Contractors will be instructed by the
City Inspector, if he/she meets the specifications, to proceed to
fill the opening.
(6)
All excavations shall be subject to testing by the City. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(7)
When the sides of the trench will not stand perpendicular, sheathing
and braces shall be used to prevent caving. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench. At no time
shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Director
of Public Works and all public and private individuals, firms and
corporations affected by the work to be done at least one business
day before such work is to commence. The Director of Public Works
shall also be notified at least four hours prior to backfilling and/or
restoring the surface.
G.
Pavement replacement and sidewalk, curb and gutter and driveway restoration.
(1)
Final repairs of the excavation and restoration of the street surface,
including the curb, if any, shall be the responsibility of the permit
holder. The final repairs of the excavation and restoration of the
street surface shall be completed within one week of the filing of
the trench, or as soon thereafter as conditions will permit. In the
event the requirements of this subsection are not complied with, the
Department of Public Works shall make the necessary repairs, and the
cost thereof shall be charged to the permit holder.
(2)
Backfill material shall be left below the original surface to allow
for five inches of three-inch crushed stone and four inches of three-fourths-inch
crushed stone, plus the thickness of the required pavement structure.
If paving will not occur as part of the initial street restoration
operation, the balance of the opening to the original surface elevation
shall be backfilled with compacted three-fourths-inch crushed stone.
(3)
Bituminous pavement shall be placed the full depth of the existing
pavement or three inches, whichever is greater. Bituminous pavement
shall be placed in a maximum of one-and-one-half-inch layers, with
each layer compacted to maximum density, and shall consist of Wisconsin
Department of Transportation Gradation No. 1 for the binder course
and Wisconsin Department of Transportation No. 3 for the surface course.
The finished surface shall be smooth and free of surface irregularities
and shall match the existing pavement and any castings or street appurtenances.
Allowable deviations shall be no more than 1/4 inch as measured with
a ten-foot straightedge.
(4)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent spalling at the saw cut
edge. The surface shall be evenly and completely sealed with a white
pigmented curing compound. The surface shall be protected from traffic
for a minimum of three days. Tie bars shall be installed as directed
by the Director of Public Works or his designee.
(5)
All permanent restoration of street, curb and gutter shall be of
the same type and thickness as the curb and gutter which abuts. The
grade of the restored curb and gutter shall conform with the grade
of the existing adjacent curb and gutter.
(6)
All permanent restoration of driveways and sidewalks shall conform
to the manner of construction as originally placed and to the lines
and grades as given by the City Engineer. No patching of concrete
driveway areas will be allowed between joints or dummy joints.
(a)
Sidewalks shall be replaced the full width of the walk, and minimum
length shall be 60 inches. All replaced walk shall be four inches
thick, except at driveways where it shall be six inches thick. The
new walk shall slope to conform to existing construction across the
width of the walk toward the street.
(b)
In emergency excavations during winter months when it is not possible
to replace the removed pavement with a like material, the excavation
shall be temporarily resurfaced with a minimum of 3 1/2 inches
of cold-mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1, except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
(7)
When a street is reconstructed, utility laterals shall also be installed,
including sump pump laterals, even if not immediately needed.
H.
Closing streets. The Fire District and the Police Department must
be notified before any street is entirely blocked and when it is opened.
I.
Curbs. Curbs, wherever possible, will be left intact, and in no case
shall such curb be removed without approval by the Department of Public
Works.
J.
Water service work. It is hereby understood that where a water service
is installed, repaired or relayed in a separate trench or where the
work being done involves a water service only, the above schedule
of fees shall be paid by the Water Utility.[1]
K.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley, easement,
way or ground and his agents and employees make take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day and
shall notify City officials immediately.
L.
Excavation in new streets limited. Whenever the City determines to
provide for the permanent improvement or repaving of any street, such
determination shall be made not less than 30 days before the work
of improvement or repaving shall begin. Immediately after such determination,
the City shall notify in writing each person, utility or other agency
owning or controlling any sewer, water main, conduit or other utility
in or under said street or any real property abutting said street
that all such excavation work in such street must be completed within
30 days. After such permanent improvement or repaving, no permit shall
be issued to open or excavate said street for a period of five years
after the date of improvement or repaving, unless, in the opinion
of the Common Council, or committee thereof, conditions exist which
make it absolutely essential that the permit be issued. Every effort
shall be made to place gas, electric, telephone and television cable
lines in street terraces.
M.
Repair by City. The City may elect to make the pavement repair for
any street or sidewalk opening, in which case the cost of making such
repair and of maintaining it for one year shall be charged to the
person making the street opening. In the event such charges are not
paid within 90 days of actual notice of the same having been furnished
the applicant and owner of the premises for which said permit was
issued, it shall become a lien against said premises and thereafter
be assessed and collected as a special tax.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by street privilege permit under § 398-9 pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Common Council,
or authorized designee, which shall not obstruct more than 1/2 of
the sidewalk or more than 1/3 of the traveled portion of the street
and which do not interfere with the flow in the gutters.
(4)
Awnings which do not extend below any point seven feet above the
sidewalk, street or alley.
(5)
Public utility encroachments duly authorized by state law or the
Common Council.
(7)
Goods, wares, merchandise, or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided such
goods, wares, etc., do not remain thereon for a period of more than
two hours.
(8)
Signs or clocks attached to buildings which project not more than
six feet from the face of such building and which do not extend below
any point 10 feet above the sidewalk, street or alley.
C.
Removal by City for sidewalk obstructions and encroachments. In addition
to any other penalty imposed, if any City enforcement official determines
that a sidewalk is unlawfully obstructed in violation of this section,
he shall issue a written notice to the owner or occupant of the premises
which adjoins the obstructed sidewalk directing that the obstruction
be removed within 24 hours.
D.
Removal by City for obstruction and encroachments located in the
City streets, alleys, public grounds or lands dedicated for public
use. In addition to any other penalty imposed, if the Chief of Police,
Director of Public Works or Building Inspector determines that a City
street, alley, public grounds or land dedicated for public use is
obstructed or encumbered, he shall issue a written notice to the property
owner of the premises which adjoin the obstructed public area directing
that the obstruction be removed within 24 hours.
E.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, the Council shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the City Clerk-Treasurer to record such claim or to
mail such notice or the failure of the owner to receive such notice
shall not affect the right to place the City expense on the tax rolls
for unpaid bills for abating the obstruction as provided for in this
section.
A.
When required. Permits for the use of the streets, alleys, sidewalks
or other public ways or places of the City may be granted to applicants
by the Director of Public Works for the purpose of moving any building
or structure or of encumbering the street, alley, sidewalk or way
with materials necessary in and about the construction or demolition
of any building or structure, provided such applicant has complied
with the other requirements of this section and has obtained a building
permit if required by this Code (example: request to place a dumpster
on a sidewalk for deposit of demolition waste). The Director of Public
Works may request advisory recommendations from the Chief of Police
and Building Inspector prior to issuance of the permit. City officials
may attach conditions to the permit, including proof of liability
insurance.
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the City Clerk-Treasurer a bond not exceeding
$10,000, conditioned that the applicant will indemnify and save harmless
the City from all liability for accidents or damage caused by reason
of operations under said permit and will remove such encumbrance upon
termination of the operations and will leave the vacated premises
in a clean and sanitary condition and repair any and all damage to
the streets, alleys, sidewalks or public property of the City resulting
from such building or moving operations.
C.
Fee. The fee for a street privilege permit shall be in the sum of
$10, plus any actual City costs.
D.
Conditions of occupancy. The permission to occupy or obstruct the
streets, alleys, sidewalks or public grounds is intended only for
use in connection with the actual erection, alteration, repair, removal
or moving of buildings or structures and shall be given upon the following
terms and conditions and subject to revocation without notice by the
Building Inspector, Chief of Police or Director of Public Works for
violation thereof:
(1)
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
(2)
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
(3)
Sidewalk traffic shall not be interrupted, but temporary sidewalks
of not less than four feet in width guarded by a closed fence at least
four feet high on both sides may be maintained during the period of
occupancy.
(4)
No building or structure shall be allowed to remain overnight on
any street crossing or intersection or so near thereto as to prevent
easy access to any fire hydrant.
(5)
Upon termination of the work necessitating such obstruction, all
parts of the streets, alleys, sidewalks or public grounds occupied
under the permit shall be vacated, cleaned of all rubbish and obstructions
and placed in a safe condition for public travel at the expense of
the permittee.
E.
Termination. All street privilege permits shall automatically terminate
at the end of three months from the date of issuance, unless an earlier
termination date is specified thereon at the discretion of the Common
Council.
F.
Removal by City. In addition to any other penalty imposed, if the
owner or occupant of the premises adjoining any lawfully obstructed
sidewalk shall remove or neglect to remove such obstruction within
24 hours after such notice from the Common Council to do so, it shall
be the duty of the City to remove such obstruction and make return
of the costs and expenses thereof to the City Clerk-Treasurer, who
shall enter such cost on the next annual tax roll as a special charge
against the property abutting such obstructed sidewalk, and such sum
shall be levied and collected as other special taxes against real
estate.
A.
Removal from sidewalks. Within 24 hours after the cessation of any
fall of sleet or snow, it shall be the duty of the owners and/or the
occupants of any lot or parcel of land in the City of Brodhead to
remove, or cause to be removed, the snow or sleet from any and all
sidewalks and the nearest cross-sidewalks adjacent to the premises
of such owner or occupant, and to keep the same free and clear of
snow and ice for the full width of the sidewalk.
B.
Failure to remove. In case of failure or neglect of any owner or occupant of any land or parcel of land to remove the snow or sleet (ice) from sidewalks as specified in Subsection A within the time set forth in said subsection and, after 24 hours after the cessation of any fall of snow or sleet (ice), the owner or occupant has failed to remove such snow from sidewalks as specified in Subsection A, the Director of Public Works shall remove or cause the snow or sleet (ice) to be removed from any and all sidewalks and cross-sidewalks that may be so neglected by the owner or occupant, and a fee established by the Common Council shall be assessed against the owner or occupant for the cost and expense of moving such snow or sleet (ice). The fee will be charged against the respective lots and parcels of land adjacent to which said work shall be done as a special tax, and such sum or sums shall be collected in the same manner as other special taxes.
C.
Prohibited placement. Except as provided herein, no person shall
deposit or cause to be deposited any snow or ice taken and removed
from his/her premises or elsewhere upon any sidewalk, alley, parkway,
public place or street in the City; provided, however, that the person,
firm, or corporation depositing such snow shall, within one hour thereafter,
cause the same to be removed from such street.
D.
Snow and ice as nuisance. The deposit of any snow or ice upon any
sidewalk, alley or street of the City contrary to the provisions of
this article shall be and is declared to be a nuisance, and in addition
to the penalty provided for violation of this section, the City may
similarly remove any snow or ice so deposited and cause the cost of
said removal to be charged to the owner or occupant of the property
from which said snow or ice has been removed.
E.
Penalties. In addition to the liability of the owner or occupant of lands under Subsection B, the penalty for violation of any provision of this section of the Code will be a penalty as provided in § 1-4. A separate offense shall be deemed committed for each day of which a violation of this section occurs or continues.
B.
Restriction of use. All that part of the terrace not covered by a
sidewalk shall be kept free and clear of all noxious weeds and shall
not be paved, surfaced or covered with any material which shall prevent
the growth of plants and shall be maintained as a lawn, except in
areas specifically approved by the Common Council or its designee.
Basketball backstops, statuary, structures, flagpoles and other objects
shall not be placed in the terrace area.
[Amended 8-9-2004]
C.
Responsibility to maintain. Every owner of land in the City whose
land abuts a terrace is required to maintain, or have maintained by
his tenant, the terrace directly abutting such land as provided in
this section and elsewhere in this Code. Every owner shall keep mailboxes
located on a terrace free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by City property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Common Council on or before September
15 to be considered for installation in the following year.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk, alley,
or upon any public property or upon any property of another, without
the express permission of the owner or occupant thereof.
A.
Established. There is established a uniform system of numbering houses
and principal buildings fronting on all streets, avenues and highways
in the City of Brodhead, and all houses and buildings shall be numbered
in accordance therewith.
B.
Houses and principal buildings to bear numbers.
(1)
The Common Council shall cause the necessary survey to be made, and
there shall be assigned to each house and principal building located
on any street, avenue, alley or highway in the City its respective
number under the uniform system provided for in this section. When
the survey has been completed and each house and principal building
has been assigned its respective number or numbers, the owner, occupant
or agent shall place or cause to be placed upon each house or building
controlled by him the number or numbers assigned within 60 days after
the assigning of the proper number.
(2)
The cost of the number or numbers shall be borne by the property
owners. Replacement numbers shall be procured and paid for by the
owner. The numbers shall not be less than four inches in height and
shall be legible from the street.
[Amended 7-10-2017]
(3)
The numbers shall be conspicuously placed immediately above, on,
or at the side of the proper door of each building so that they can
be plainly seen from the street. Whenever any building is more than
100 feet from the street line, the number of the building shall be
conspicuously displayed at the street line, near the walk, driveway
or common entrance to such building and upon a gatepost, fence, tree,
post or other appropriate place so as to be easily discernible from
the sidewalk.
[Amended 7-10-2017]
C.
Multiunit buildings. In addition to the requirement of this subsection,
individual doors for each individual unit within each multiunit building
shall have displayed the subunit or apartment number and/or subunit
or apartment letter associated with each unit. The cost of the unit
number or letter shall be paid by the owner of the property.
[Amended 7-10-2017]
D.
Maintenance. The owner of the house, multifamily building, or building
shall at all times keep the numbers on the house, multifamily building,
or building in an unobstructed and readable condition.
[Amended 7-10-2017]
E.
Records. To facilitate correct numbering, a plat book of all the
streets, avenues and public highways within the City showing the numbers
of all lots or houses fronting thereon shall be kept on file in the
office of the City Clerk-Treasurer. These plats shall be open to public
inspection during the office hours of the Clerk-Treasurer.
[Amended 7-10-2017]
F.
Clerk-Treasurer to assign numbers. The City Clerk-Treasurer shall
inform any party applying therefor of the number or numbers belonging
to or embraced within the limits of any lot or property as provided
in this section. In case of doubt as to the proper number to be assigned
to any premises, the Clerk-Treasurer shall determine the number of
such premises.
[Added 7-10-2017]
G.
Number assignment as condition for building permit. Whenever any
house, multiunit building, or building is erected or located in the
City after the entire work of establishing a uniform system of house
numbering has been completed, in order to preserve the continuity
and uniformity of numbers of the houses, multiunit buildings, and
buildings, the owner shall procure the correct number or numbers from
the City Clerk-Treasurer for the property and shall immediately fasten
such number or numbers so assigned upon such house, multiunit building,
or building as provided in this section. No building permit shall
be issued for any house, multiunit building, or building until the
owner has procured from the Clerk-Treasurer the official number of
the premises.
[Added 7-10-2017]
No person shall in any manner obstruct or cause to be obstructed
the free passage of water in any public gutter, ditch, culvert, swale
or drain or place or cause to be placed any rubbish, dirt, sand, gravel
or any other matter or thing so that the same is likely to be carried
by the elements into any public gutter, ditch, culvert, swale or drain.
The City of Brodhead shall not permit any person to use and/or
lease any City equipment for private purposes.
A.
In the interests of public safety, health and general welfare, community
appearance, and efficiency of operation, it shall be unlawful to place,
throw, leave, in any way deposit or permit to be deposited, or permit
to remain any dirt, leaves, rubbish, litter, debris or material of
any kind upon any street, sidewalk, alley, drainageway, or public
ground in the City of Brodhead.
B.
The owner, occupant, or person in charge of private premises which
places, causes or permits to remain any of said materials upon any
street, sidewalk, alley, drainageway or public ground in the City
of Brodhead shall immediately remove said materials at no cost to
the City.
C.
The operator of any motor vehicle which tracks, drops, or places
any materials upon any street, sidewalk, alley, drainageway or public
ground in the City of Brodhead shall immediately stop and remove said
materials at no cost to the City.
(1)
In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the deposition of any materials upon any street, sidewalk, alley, drainageway, or public ground in the City of Brodhead, and which said operator fails to remove said materials as required in Subsection C above, the owner, occupant, or person in charge of said work on said private premises shall remove said materials at no cost to the City.
D.
In the event the materials are not removed from the street in accordance with Subsections B, C and/or C(1) above, the City shall cause the removal of such materials and shall charge said operator, or said owner, occupant, or person in charge of said work the cost of the removal. In the event the person charged for said removal fails to pay such costs within 30 days, it shall be entered on the tax roll as a special tax against said property.
A.
In the interests of public safety, health, general welfare, community
appearance, and efficiency of operation, it shall be unlawful in any
way to cause damage, injury, or destruction to any portion or any
fixture of any street, sidewalk, alley, drainageway, or public ground
in the City of Brodhead.
B.
The person which causes damage, injury, or destruction of any portion
of any street, sidewalk, alley, drainageway, or public ground in the
City of Brodhead shall immediately stop and notify the Police Department
that he has caused such damages and shall correct said damages within
10 days at no cost to the City.
C.
Damage caused by operators of equipment.
(1)
In the event the operator of any motor vehicle or equipment which
causes damage, injury, or destruction of any portion of any street,
sidewalk, alley, drainageway, or public ground in the City of Brodhead
fails to report such damage, it shall be considered a violation of
this section.
(2)
In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the damage of any portion or fixture of any street, sidewalk, alley, drainageway, or public ground in the City of Brodhead, and which said operator fails to correct said damages as required in Subsection B above, the owner, occupant, or person in charge of said work on said private premises shall correct said damages at no cost to the City.
D.
In the event the damages are not corrected within 10 days, the City
shall cause the correction of said damages and shall charge the operator
or owner, occupant, or person in charge of said property the cost
of correcting the damage. In the event the said costs remain unpaid
following 30 days, it shall be entered on the tax roll as a special
tax against said property.
E.
In addition to the costs to correct damages, said operator or said owner, occupant, or person in charge of said property shall be subject to a penalty per occurrence as prescribed in § 1-4. Each day after said 10 days that the damages are not corrected shall constitute a separate offense under this section.
The statutory provisions in the following enumerated sections
of the Wisconsin Statutes, exclusive of any provisions therein relating
to the penalties to be imposed or the punishment for violation of
said statutes, are hereby adopted and, by reference, made a part of
this section. Any act required to be performed or prohibited by any
regulation incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutory regulations incorporated herein are intended to be
made part of this section.
A.
Section 82.19, Discontinuance of highways.
B.
Section 66.1035, Streets, right of abutting owners.
C.
Section 893.83, Highways, liability for defects.
D.
Section 86.03, Trees on and adjacent to highways.
E.
Section 86.04, Highway encroachments.
F.
Section 86.05, Highways, duty to restore entrances.
G.
Section 86.06, Highways closing to travel.
H.
Section 86.07, Digging in highways or using bridges for advertising.
I.
Section 86.105, Driveways, snow removal.
J.
Section 86.19, Highway signs, regulation, prohibition.
A.
Purpose. The purpose of this section is to safeguard the beauty of
the City of Brodhead while ensuring the rights of the individual to
receive a newspaper in readable condition.
B.
Newspaper receptacle defined. For the purpose of this section, a
"newspaper receptacle" is any outside device designed for and/or used
to receive newspapers, advertising flyers or similar printed materials
delivered by a carrier. Included in this definition are such devices
which may be freestanding or attached to the sides of buildings, posts,
mailbox posts and/or other outside structures.
C.
Restrictions. Newspaper receptacles are prohibited in public rights-of-way,
except at the edge of the roadway or street. No more than one newspaper
receptacle shall be placed per dwelling unit. No newspaper receptacle
shall be placed on a lot other than the lot occupied by the dwelling
without written permission of the lot owner. All newspaper receptacles
shall be maintained in a presentable manor.
D.
Color. All newspaper receptacles shall be of standard neutral color,
brown or tan, as approved by the City. Permitted newspaper receptacles
shall not display any advertising message, including, but not limited
to, the name of a newspaper or flyer, but may display an identifying
mark for each publisher using the receptacle not to exceed two inches
by two inches in size.
E.
Removal. Each publisher which has placed or places a newspaper receptacle
pursuant to this section shall provide the occupier of the dwelling
to which it is adjacent with a self-addressed postcard, printed in
such a manner that the occupier may instruct the publisher to remove
the newspaper receptacle. If the publisher receives instructions from
the occupier to remove the newspaper receptacle, the publisher shall
remove the newspaper receptacle within 10 days of the receipt of the
instructions.
All grass clippings from lawn mowing or other sources shall
not be allowed to blow upon or accumulate upon any public street in
the City of Brodhead where such grass clippings could wash into any
storm sewer drainage inlet.
[Added 10-22-1997]
A.
A written application for a street use permit by persons or groups
desiring the same shall be made on a form provided by the City Clerk
and shall be filed with the City Clerk. The application shall set
forth the following information regarding the proposed street use:
(1)
The name, address and telephone number of the applicant or applicants;
(2)
If the proposed street use is to be conducted for, or on behalf of,
or by an organization, the name, address and telephone number of the
headquarters of the organization and of the authorizing responsible
heads of such organization;
(3)
The name, address and telephone number of the person or persons who
will be responsible for conducting the proposed use of the street;
(4)
The date and duration of time for which the requested use of the
street is proposed to occur;
(5)
An accurate description of that portion of the street proposed to
be used;
(6)
The number of persons for whom use of the proposed street area is
requested;
(7)
The proposed use, described in detail, for which the street use permit
is requested.
B.
The person or representative of the group making application for
a street use permit shall be present when the Common Council gives
consideration to the granting of said street use permit, to provide
any additional information which is reasonably necessary to make a
fair determination as to whether a permit should be granted.
C.
Review of street use permit application; issuance.
(1)
Upon receipt of a street use permit application, the City Clerk shall
immediately forward copies of the application to the Police Department
and Department of Public Works for their review and comment.
(2)
If the application is approved by the Common Council, the City Clerk
shall issue the permit, including any special provisions or conditions
imposed by the Common Council.
D.
Applications for street use permits shall be submitted not less than
14 days prior to the proposed event. The application shall be accompanied
by a cleanup deposit of $50. Upon completion of the event, the Department
of Public Works shall inspect the street use event area to determine
if the area has been cleaned and restored by the applicant to its
pre-event condition, in which case the deposit shall be refunded to
the applicant; otherwise, the deposit shall be forfeited to defray
the cleanup expenses incurred by the City.
E.
The applicant for a street use permit may be required to indemnify,
defend and hold the City and its employees and agents harmless against
all claims, liability, loss, damage or expense incurred by the City
on account of any injury or death of any person or damage to any property
caused by or resulting from the activities for which the permit is
granted. As evidence of the applicant's ability to perform the
conditions of the permit, the applicant may be required to furnish
a certificate of comprehensive general liability insurance with the
City of Brodhead, its employees and agents as an additional insured.
The insurance shall include coverage for a contractual liability with
minimum limits in an amount as required by the Common Council for
bodily injury and property damage. The certificate of insurance shall
provide 30 days' written notice to the City upon cancellation, nonrenewal
or material change in policy.
F.
A street use permit for an event in progress may be terminated by
the Brodhead Police Department if the health, safety and welfare of
the public appears to be endangered by activities generated as a result
of the event or the event is in violation of any of the conditions
of the permit.
G.
Penalty. Any person who shall do any of the following shall be subject
to a forfeiture of not less than $20 nor more than $500 for each violation:
